To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”
Criminal
Haynes v. State, No. 27A02-1003-CR-311, __ N.E.2d __ (Ind. Ct. App., Dec. 8, 2010)
Officer who witnessed what appeared to be a parking infraction, but could not investigate further to issue a citation before the vehicle drove off, properly stopped the vehicle to issue the complaint and summons.
Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)
An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.
Britt v. State, No. 02A03-1004-CR-253, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Britt v. State (Ind. Ct. App., Mathias, J.)-When robbery defendant called his brother as a witness and did not attack the brother’s credibility, the brother’s prior robbery conviction was inadmissible character evidence.
Segar v. State, No. 49A02-1003-CR-269, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Defendant did not waive his objection to the admission of the marijuana found on his person when he earlier made no objection to officers’ “foundational” testimony that material in his pocket “resembled” and “was believed to be” marijuana.